Period Priced Products Sample Clauses

Period Priced Products. Products priced on a period basis which correspond to one of the thirteen four week periods as defined in the Yum! fiscal calendar (each such period an “Applicable Period”) shall be priced in accordance with this Section 2(e)(i) (“Period Priced Products”). The Landed Cost for Period Priced Products is determined on the Wednesday immediately before the beginning of the Applicable Period during which such price will apply. The Landed Cost shall be equal to the amount set forth on the latest purchase order for the Period Priced Product that: (A) is expected to be received prior to the tenth day of the Applicable Period; (B) is for a volume of such Period Priced Product that is reasonably representative of the typical order volume for the Period Priced Product; and (C) such purchase order for the Period Priced Product was received in sequential order of the date ordered, except in cases of extraordinary circumstances such as quality assurance considerations, promotional activity, etc. which are documented and reported to UFPC. For example, if the Landed Cost for a Period Priced Product on the latest purchase order expected to be received prior to the tenth day of the Applicable Period is $22.00 per case, the Landed Cost for all of the Applicable Period shall be $22.00 per case, regardless of current inventory value. All Products that are not otherwise Weekly Priced Products, Matrix Priced Products or Weighted Average Products pursuant to the Inventory Pricing Policies shall be Period Priced Products. UFPC shall use its commercially reasonable efforts to provide Distributor 14 days advance notice of changes to Product price, freight rates and primary Supplier for all Period Priced Products.
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Period Priced Products. Period Priced Products are Products which are priced by UFPC for a four week period (the “Period”) which corresponds to one of the thirteen four week periods designated in the YUM! fiscal calendar. For a Period Priced Product, Market Value shall be determined on the Friday before the beginning of the applicable Period. Market Value shall be equal to the price for the Product set forth on the latest purchase order for the Product that (A) is expected to be received prior to the tenth day of the applicable Period, and (B) is for a volume of the Product that is reasonably representative of the typical order volume for the Product. For example, if on the Friday of the fourth week of a Period, the latest purchase order for a Product which is to be filled on the following Thursday (day five of the applicable Period) is at a rate of $22.00 per case, the Market Value for the entire applicable Period would be $22.00 per case regardless of current inventory value. In the event a Product is a new Product or otherwise has no order history from which Market Value may be determined hereunder, the Market Value of that Product will be the most recent price in UFPC’s Global Pricing System (“GPS”). UFPC shall provide to Distributor 28 days notice of all cost and primary supplier changes for Period Priced Products. If (A) UFPC does not provide the required notice of cost or primary supplier changes, (B) Products must be purchased from a secondary supplier, or (C) UFPC and Distributor agree in writing, Market Value for Period Priced Products will be determined under the provisions in Section 2(c)(v) of this Agreement until the beginning of a new Period.
Sample 1

Related to Period Priced Products

  • Combination Products If a LICENSED PRODUCT is sold to any third party in combination with other products, devices, components or materials that are capable of being sold separately and are not subject to royalties hereunder (“OTHER PRODUCTS,” with the combination of products being referred to as “COMBINATION PRODUCTS” and the Other Product and Licensed Product in such Combination Product being referred to as the “COMPONENTS”), the NET SALES of such LICENSED PRODUCT included in such COMBINATION PRODUCT shall be calculated by multiplying the NET SALES of the COMBINATION PRODUCT by the fraction A/(A+B), where A is the average NET SALES price of such LICENSED PRODUCT in the relevant country, as sold separately, and B is the total average NET SALES price of all OTHER PRODUCTS in the COMBINATION PRODUCT in the relevant country, as sold separately. If, in any country, any COMPONENT is not sold separately, NET SALES for royalty determination shall be determined by the formula [C / (C+D)], where C is the aggregate average fully absorbed cost of the Licensed Product components during the prior Royalty Period and D is the aggregate average fully absorbed cost of the other essential functional components during the prior Royalty Period, with such costs being determined in accordance with generally accepted accounting principles. To the extent that any SUBLICENSE INCOME relates to a COMBINATION PRODUCT or is otherwise calculated based on the value of one or more licenses or intellectual property rights held by the COMPANY, an AFFILIATE or SUBLICENSEE, COMPANY shall determine in good faith and report to THE PARTIES the share of such payments reasonably attributable to COMPANY’s or such AFFILIATE’s sublicense of the rights granted hereunder, based upon their relative importance and proprietary protection, which portion shall be the SUBLICENSE INCOME. THE PARTIES shall have the right to dispute such sharing determination in accordance with the dispute provisions of the AGREEMENT.

  • Net Sales The term “

  • Supply Price In event BTC exercises the Supply Option, the Supply Agreement shall afford Auxilium supply terms for Year 1 that are not less favorable than the average price afforded to Auxilium by the Back-Up Suppliers for the year immediately preceding the Supply Date and supply terms for each successive year that are not less favorable than the average price afforded to Auxilium by the Back-Up Suppliers for each preceding year as applicable.

  • CONTRACT YEAR The first Contract Year is the period of time ending on the first contract anniversary. Subsequent Contract Years are the annual periods between contract anniversaries.

  • Combination Product The term “

  • Contract Sales Price The total consideration provided for in the sales contract for the sale of a Property.

  • New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.

  • Licensed Product “Licensed Product” shall mean any article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights. For clarity, a “Licensed Product” shall not include other product or material that (a) is used in combination with Licensed Product, and (b) does not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights.

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

  • Product Recalls The Company is not aware of any pattern or series of claims against the Company or any of its subsidiaries which reasonably could be expected to result in a generalized product recall relating to products sold by the Company or any of its subsidiaries, regardless of whether such product recall is formal, informal, voluntary or involuntary.

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